Magnus was confirmed in a 50-47 vote on December 7, 2021. All Senate Democrats voted in favor of Magnus In addition to Maine Senator Susan Collins. Arkansas Senator Tom Collins, Oklahoma Senator James Lankford, and Vermont Senator Patrick Leahy abstained from voting. According to a Breitbart News report, Magnus has a history of supporting sanctuary cities policies, criticizing the Immigration and Customs Enforcement (ICE) agency for carrying out its basic task of enforcing federal immigration law, heaping effusive praise for Black Lives Matter protests, and criticizing former President Trump’s more robust interior immigration enforcement measures.
In one controversial case, Magnus privately defended sanctuary city policies in the aftermath of 32-year-old Kate Steinle’s killing. A seven-time felon, five-time deported illegal alien Jose Garcia Zarate murdered Steinle.
In 2015, around the time Steinle was murder, ICE asked the San Fransisco Sheriff’s Office to hand over Zarate to them for arrest and deportation. ICE’s request was ignored due to the office’s sanctuary policy and Zarate was subsequently released from local police custody.